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DILLEY v. ALEXANDER

Nos. 77-1789 to 77-1792.

603 F.2d 914 (1979)

Michael F. DILLEY, Captain, U.S. Army Reserve, et al., Appellants, v. Clifford L. ALEXANDER, Jr., Secretary of the Army, et al. Raymond W. FONTAINE, Major, U.S. Army Reserve, et al., Appellants, v. Clifford L. ALEXANDER, Jr., Secretary of the Army, et al. Milton D. O'QUINN, Appellant, v. Clifford L. ALEXANDER, Jr., Secretary of the Army. Major Russell A. POWELL, Appellant, v. Clifford L. ALEXANDER, Jr., Secretary of the Army.

United States Court of Appeals, District of Columbia Circuit.

Decided February 26, 1979.

As Amended April 9, 1979.

Rehearing Denied July 26, 1979.

Attorney(s) appearing for the Case

Robert M. Wright, Baltimore, Md., a member of the bar of the Court of Appeals for the State of Maryland pro hac vice by special leave of Court, and Keith A. Rosenberg, Rockville, Md., for appellants.

Louis R. Davis, Atty., Office of the Judge Advocate Gen., U. S. Army, Washington, D. C., a member of the bar of the Supreme Court of Louisiana pro hac vice by special leave of Court, with whom Earl J. Silbert, U. S. Atty., John A. Terry, Royce C. Lamberth, and Nathan Dodell, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Also Charles H. Anderton, Jr., Asst. U. S. Atty., Washington, D. C., entered an appearance for appellee.

Before WRIGHT, Chief Judge, and MacKINNON and ROBB, Circuit Judges.

Opinion for the Court filed by MacKINNON, Circuit Judge.

MacKINNON, Circuit Judge:

Section 266 of Title 10 of the U.S. Code provides that each board convened for the promotion of officers in the United States Army Reserve shall include an appropriate number of Reserve officers. Appellants are commissioned officers in the Army Reserve who were serving on active duty until early 1977. Between January and April of that...

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